EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of the List of Exempt Native Specimens in accordance with Section 303DC
Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides for the establishment of a list of exempt native specimens. Specimens included in the list are exempt from the trade control provisions that apply to regulated native specimens.
The effect of this instrument is to revoke the conditions to which the inclusion of the following item in the list of exempt native specimens on 1 December 2004 is subject:
- Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Western Deepwater Trawl Fishery and North West Slope Trawl Fishery.
and impose the following conditions to which the inclusion of the specimens in the list is subject:
- the specimen, or the fish or invertebrate from which it is derived, was taken lawfully, and
- the specimens are covered by the declaration of an approved wildlife trade operation under section 303FN of the EPBC Act in relation to the fisheries.
Listing of the specimens described above in the list of exempt native specimens will allow continued export of these specimens, without requiring export permits, while an approved wildlife trade operation declaration for the fishery is in force.
In determining to include the specimens in the list of exempt native specimens regard was had to the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’. Those guidelines establish the criteria for assessment of the ecological sustainability of the relevant fishery’s management arrangements.
Subsection 303DC(3) of the EPBC Act provides that before amending the list, the Minister for Sustainability, Environment, Water, Population and Communities must consult such other Commonwealth minister or ministers and such other minister or ministers of each state and self-governing territory, as the minister considers appropriate. The minister may also consult with such other persons and organisations as the minister considers appropriate. In this instance, the Minister for Sustainability, Environment, Water, Population and Communities consulted with the Australian Fisheries Management Authority as the Australian Fisheries Management Authority has management responsibilities for the fishery concerned. In addition, the proposal to amend the list of exempt native specimens was advertised on the Department of Sustainability, Environment, Water, Population and Communities’ website and comment was invited from interested people for a period of 21 business days. The one comment received were taken into account in the decision to include specimens derived from the fishery in the list of exempt native specimens.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This legislative instrument does not engage any of the applicable rights or freedoms. This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is foundational legislation enacted by the Parliament of Australia to safeguard the nation's environment, particularly in relation to biodiversity and significant heritage sites. The Act aims to fill the legislative gap in providing a comprehensive framework for the protection of the environment from significant impacts of proposed actions, including those of a national or transboundary nature. One of the mechanisms within the EPBC Act is the listing of exempt native specimens, which are exempt from the trade control provisions that apply to regulated native specimens. The Act was amended in 2012 to adjust the conditions under which certain specimens derived from fish or invertebrates in specific fisheries could be included in the list of exempt native specimens. This change was intended to facilitate the continued export of these specimens without the need for export permits, provided they were taken lawfully and were part of an approved wildlife trade operation. The policy objective underpinning this amendment was to align with the Australian Government's guidelines for ecologically sustainable fisheries management, ensuring that the management of these fisheries met the necessary ecological standards.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment of the List of Exempt Native Specimens, as detailed in instrument F2012L02392, pertains to specimens that are or are derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Western Deepwater Trawl Fishery and North West Slope Trawl Fishery. This amendment exempts these specimens from the trade control provisions that apply to regulated native specimens, allowing continued export without export permits, provided the specimens were taken lawfully and are covered by a declaration of an approved wildlife trade operation under section 303FN of the EPBC Act. The amendment applies nationally, aligning with the guidelines for the ecologically sustainable management of fisheries established by the Australian Government. The Minister for Sustainability, Environment, Water, Population and Communities consulted with the Australian Fisheries Management Authority and invited public comment before making the decision to amend the list, ensuring compliance with relevant legislative and human rights scrutiny processes.
Key Provisions
The primary sections of this legislation (sections 303DB and 303DC) address the amendment of the list of exempt native specimens under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This involves revoking previous conditions that applied to specimens derived from fish or invertebrates taken in specific fisheries, and imposing new conditions to facilitate their inclusion in the list of exempt specimens. Specifically, section 303DB requires that specimens be exempt from trade control provisions if they are taken lawfully and are covered by a declaration of an approved wildlife trade operation under section 303FN. This ensures that the export of these specimens can proceed without the need for export permits while such a declaration is in effect.
The Act imposes several obligations on the parties involved. Firstly, it requires that any specimens derived from fish or invertebrates taken in the specified fisheries must have been taken lawfully. This ensures compliance with existing fisheries regulations and laws. Secondly, the specimens must be covered by a declaration of an approved wildlife trade operation. This means that the fisheries management must adhere to the Australian Government’s ‘Guidelines for the Ecologically Sustainable Management of Fisheries’, and the operations must be approved under the EPBC Act.
Failure to comply with the provisions of this Act can result in legal consequences. While the specific offences and penalties are not detailed in the text, breaches of the EPBC Act generally can lead to substantial fines and potential imprisonment. The exact penalties depend on the nature and severity of the breach, but the Act provides for both civil and criminal penalties to ensure compliance with its provisions. It is important for entities involved in the trade of these specimens to be fully aware of these obligations to avoid any legal repercussions.
The legislative process for this amendment involved consultation with relevant authorities, including the Australian Fisheries Management Authority, and public consultation via the Department of Sustainability, Environment, Water, Population and Communities’ website. This demonstrates a commitment to transparency and stakeholder engagement. The legislative instrument came into effect immediately after registration on the Federal Register of Legislative Instruments, ensuring that the changes were implemented without delay.